Practice context and legislation

A young person who is on a community-based order, or who has been granted parole, may request to move interstate.

Some young people may apply to the sentencing court to have their matter revoked or varied. Alternatively, supervision can be transferred to the state or territory where the young person wishes to move.

Moving interstate without youth justice permission can place a young person in breach of the conditions of their supervised order.

Informal, reciprocal agreements between the states to supervise young people who move interstate are known as representative supervision. In these arrangements, legal and formal case management responsibilities remain with the state where the young person originally resided. The interstate jurisdiction provides supervision and support to the young person and provides written progress reports to the requesting area’s case manager.

The primary consideration is that a transfer is in the young person’s best interests. The objective of transferring young offenders interstate is to enable them to serve the balance of their youth justice order in their home state or a state where their family/carer or significant others live or intend to live. Young people may also request a transfer to another state for employment purposes. Access to family contact, support, employment and other services that promote positive reintegration into their own communities is an important part of the rehabilitation process for young offenders.

The processes contained in this procedure have been developed and agreed upon by all state and territory youth justice (and equivalent) directors under the Australasian Juvenile Justice Administrators (AJJA).

Queensland is the only Australian state to have formal interstate transfer arrangements with Victoria. For information on formal transfers to or from Queensland see the procedure for ‘Formal interstate transfers to Queensland’.

Sex offenders registered in the sending state must be registered in the receiving state.

Assistant Director / Manager Individual and Family Support

Youth Justice Senior Practice Advisor

Consult in relation to appropriateness of representative supervision.

Provide case consultation in relation to court recommendations, breaches and particularly for high-risk young people. This should occur subject to local area agreements between Assistant Director / Manager Individual and Family Support and the Senior Practice Advisor.

Assistant Director, Youth Justice and Disability Forensic Unit

Review and endorse request for representative supervision.

Forward signed documentation to contact person of interstate jurisdiction.

Receive acceptance of request from interstate jurisdiction, and forward a copy to team leader or team manager of requesting area.

Decision to seek representative supervision by another jurisdiction

When a young person on a community-based order issued by the children’s court wants to move interstate, discuss the request with the team leader and consider if it is appropriate and in the young person’s best interests to seek an interstate transfer of supervision.

If a young person is on bail or has outstanding court matters, transfer of supervision will only occur in exceptional circumstances. In these cases the young person must seek permission from either the police or the court.

Parolees require approval from Youth Parole/Residential Board

Approval must be obtained from the Youth Parole/Residential Board before arranging an interstate transfer for a young person on a parole order.

A ‘Request for interstate transfer’ report should be completed and provided to the Youth Parole Board.

Dual-track orders

In most cases, youth justice programs in other jurisdictions will not accept transfers of supervision for young people on youth justice centre orders or parole orders that are imposed by the adult courts.

Negotiations will need to occur with the adult corrections system for these young people.

Liaison with interstate department

If an interstate transfer is approved by the team leader or team manager, the case manager or team leader should make contact with the area office of the department in the interstate jurisdiction.

Provide details of the young person’s situation to ascertain that the receiving jurisdiction is prepared to supervise the order.

In appropriate cases, request that an interstate worker carry out a visit to the proposed accommodation option/placement provider to confirm living arrangements.

Complete a ‘Request for representative supervision for community supervision’ form

The case plan referred to in this form, in Victoria, refers to the Client Assessment and Plan (CAP)/Victorian Offending Needs Indicator for Youth (VONIY). In relation to point 10, there is no universal template for a communication plan.

The youth justice worker negotiating the transfer should ensure that a clear plan for ongoing communication between the transferring states is outlined in the summary and recommendations section.

Complete the request for representative supervision director’s letter

Ensure that the reasons for the young person moving interstate are clearly articulated and supported by appropriate planning.

The forms will then be given to the Assistant Director, Youth Justice and Disability Forensic Unit for final approval and forwarded to the Director in the interstate jurisdiction.

Once approved by the interstate jurisdiction, documentation indicating signed agreement will be forwarded by the Youth Justice and Disability Forensic Unit to the team leader or manager of the requesting area.

Make supervision arrangements and send client information to interstate worker

Once the interstate jurisdiction has agreed to supervise the order, send a copy of the court order and relevant background information about the young person, for example, court reports, client service plan, disability services report to the interstate worker.

Inform the interstate worker of the expectations and requirements for supervision and any services (such as sex offender treatment or community work) necessary to comply with the core and special conditions of the order.

The requesting area retains primary responsibility for the young person’s court order. The interstate jurisdiction acts as an agent and must supervise a young person in accordance with recommendations set out in the CAP (to the extent that this is possible or practical). The contents of the CAP should be discussed with, and provided to, the interstate case manager.

Once the supervision arrangements are agreed to, they should be documented and provided in writing to both parties.

Interstate worker to send progress reports

Make arrangements for the interstate worker to send progress reports on the young person.

Frequency of reports should be commensurate with the order type and assessed risk level of the young person as per the VONIY.

If the young person ceases contact with their interstate case manager, or their circumstances change considerably, the interstate office should advise the Victorian case manager of this as soon as possible.

Interstate move without prior approval

If a young person moves interstate without prior approval, contact the interstate jurisdiction, provide details of the young person’s situation and establish that the receiving state is prepared to supervise the order.

In considering the circumstances of a move that has occurred without permission, it may be appropriate to also conduct a warning regarding non-compliance with a core condition of the order.

The decision about which program conducts the warning should be made with the best interests of the young person in mind.

Breach of order

In the event that the young person is not complying or is in breach of their court order, the worker responsible for supervising the young person must provide written notification to the Victorian case manager.

The decision to implement the warning process can be made by the Victorian case manager. The decision about which program will conduct the warning is made with the best interests of the young person in mind.

Follow normal breach procedures described in the procedure for ‘Breaching active court orders’.

Variation of an order

It may be appropriate and in the best interests of the young person for changes to be made to any special conditions of their order.

In these circumstances, an application to vary the order in court may be sought.

Follow procedure for ‘Variation or revocation of a court order’.

Funding issues

In the majority of cases the originating state maintains responsibility for the costs associated with the supervision of the court order. This includes, for example, meeting special conditions requirements of an order to attend specialist treatment programs or to travel to the originating state to meet court commitments.

Arrangements around funding issues between states or territories are subject to negotiation on a case-by-case basis.

Young people who ask to move or travel overseas

The same procedures as outlined above apply to young people who ask to move or travel overseas.

Youth justice workers should engage in the same level of communication and negotiation when making arrangements for a young person to move or travel overseas.

Consideration should be given to varying or revoking a young person’s order if the overseas move or travel is likely to be permanent.

In relation to young people on parole orders, only the Youth Parole Board may grant permission for a young person to travel overseas.

Support of this request is not guaranteed and must be sought prior to confirming travel plans.